13254 Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Proposed Rules

Atyidae. Samuel J. H&nes first Foundation to investigate the status of described S. pac@Ym as Men& freshwater shrimps in Pacific drainages. pacifica in 1895. In lXXl, Huhnes erected A final report under this contract was a new gennr Synctiri& fa the CaLfo&a submitted in September ~975 by Dr. Joel atyids based on notable differences W. Hedgpeth. Dr. Hekpeth concluded the chelae (pincher@ and rostrum (&- in his report that Syncuris pacifica had shaped structure between the eyes). S. been extirpated in some and pocifica can be distinguished from was reduced in distribution and Palaemonias, the only other atyid genus abundance in other streams. This report in the , by its well- DEPARTMENT OF THE INTERIOR cited dredging, streambed gravel developed, stalked eyes. It is the only stockpiling, diversion, and surviving in the genus . Fish and Wildlife Service Adults may reach 5 centimeters [cm) building of summer gravel dams as the major factors responsible for the decline 50 CFR Part 17 (zM inches) in length. Nearly transparent in water, the adults appear of the freshwater shrimp. out of water to be greenish-gray to Larry Serpa (1988) reported the species Endangered and Threatened Wildlife inhabited 11 streams in the Russian and Plants; Proposed Endangered almost black with pale blue uropods (tail fins). An adult female lays River, San Francisco Bay, and other Status for the California Freshwater coastal drainages. These streams are Shrimp relatively few eggs, @O-70,Hedgpeth 1975; 100-120. Eng 1981). While she East Austin, Salmon, Laguinitas, Big AGENCY: Fish and Wildlife Service, carries the eggs on her body for 8 to 9 Austin, Sonoma, Huichica, Green Interior. months, slow overwintering Valley, Jonive, Walker, Yulupa, and ACTION: Proposed rule. development of the eggs occurs. During Blucher. this period, many larvae die due to adult The California freshwater shrimp was SUMMARY: The Service proposes to female death and genetic or embryonic proposed as a threatened species on determine the California freshwater developmental problems. As a result, January 12,1977, in the Federal Register shrimp (Syncuris pacifica) to be an the number of embryos emerging from (42 FR 2507). That proposal was . The species is the eggs during May are reduced withdrawn on December la1979 (44 FR threatened by introduced predatory fish typically by 50 percent. During the fist 707961,under a provision of the 1978 and deterioration or loss of summer, larval growth is rapid, but amendments to the endangered Species resulting from water diversion and sexual maturity is not reached until the Act of 1973, which required withdrawal impoundments, agricultural activities second summer. of all pending proposals if they were not and development, urbanization, and The California freshwater shrimp is finalized within two years of the . The California endemic to gentle gradient (less than 1 freshwater shrimp is known from only percent), low elevation (below 115 proposal. On March 23,1980, the Service eleven streams in Napa, Marin. and meters [380 feet]], freshwater streams in received from CDFG a series of Sonoma Counties, California. Marin. Napa, and Sonoma Counties, annotated maps delineating the known, Determination of this as California. The species, a true current distribution of the California endangered would implement the freshwater shrimp, inhabits quiet freshwater shrimp. These maps protection provided under the portions of tree-lined streams with summarize the distribution data Endangered Species Act of 1973, as underwater vegetation and exposed tree collected by CDFG in 1979 and 1980. amended. The Service seeks comments roots. Once common in the streams of Additional distributional data were and relevant data from the public on this the three counties, S. pacifica now received by the Service from the CDFG proposal. occurs only within restricted portions of on October 30.1980. CDFG later sent to DATES: Comments from all interested 11 streams. The shrimp’s transparency, the Service detailed information on the parties must be received by June 22, secretive habits, and rapid escape distribution, life history, and status of 1987. Public hearing requests must be behavior contribute to its the shrimp in 1981 (Eng 1981, Serpa received by June 8,1987. inconspicuousness and make it difficult 1985). These maps and additional data to capture. The Califonia Department of constitute significant new information ADDRESSES: Comments and materials concerning this proposal should be sent Fish and Game [CDFG) attributed the on which to propose endangered status decline in shrimp populations primarily for the California freshwater shrimp. to the Regional Director, U.S. Fish and to degradation and loss of their habitat Wildlife Service, Lloyd 506 Building, 500 resulting from increased urbanization, Summary of Factors Affecting the NE. Multnomah Street, Suite 1692, , agricultural development, Species Portland, Oregon 97232. Comments and dam construction, and water pollution Section 4(a)(l) of the Endangered materials received will be available for (CDFG 1980). Essentially compatible public inspection, by appointment, Species Act (16 U.S.C. 1531 el seq.) and with native fish species, S. pacifica is regulations (50 CFR Part 424) during normal business hours at the threatened by the introduction of exotic above address. predators, especially fishe of the sunfish promulgated to implement the listing FOR FURTHER INFORMATION CONTACT: family. Because of the species’ low provisions of the Act set forth the Mr. Wayne S. White, Chief, Division of reproductive potential, slow maturity, procedures for adding species to the Endangered Species, at the above restricted distribution, and specialized Federal Lists. A species may be address (503/231-6131 or FTS 429-6131). habitat requirements, S. pacifico is determined to be an endangered or SUPPLEMENTARY INFORMATION: particularly vulnerable to habitat loss threatened species due to one or more of and predation by exotic species against the five factors described in section Background which its natural defense mechanisms 4(a)(l). These factors and their The California freshwater shrimp, are ineffective. application to the California freshwater Syncuris pacifica [Holmes), is a On June 4,1974, the Service entered shrimp (Syncuris pacifica [Holmes)) are decapod of the family into a contract with the Sierra Club as follows: Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Proposed Rules 13255

A. The Present or Threatened D. The Inadequacy of Existing its habitat are vulnerable to several Des&u&on, Modification, 01‘ Regulatory Mechanisms. activities, some of which could be Cortoilment of Its Habitat or Range. The California State Fish and Game carried out by a single individual. which makes the species vulnerable to acts of The preferred habitat of the California Commission lists the California freshwater shrimp as endangered. vandalism. These activities are difficult freshwater shrimp is quiet, tree-lined to regulate and control because the pools and undercut banks along small, However, State law provides no protection on privately-owned lands. habitat of the shrimp predominantly free-flowing, permanent streams. occurs on privately-owned land. The Livestock, agricultural activities and The species receives some protection in those portions of its range within precise pinpointing of localities that development, water pollution. heavy would result from publication of critical earth-moving equipment, and residential Samuel P. Taylor State Park and Golden Gate National Recreation Area. habitat descriptions and maps in the development have enroached upon and/ Federal Register, would make this or threaten these stream banks. Siltation E. Other Naturn or Manmade Factors species and its more vulnerable from poor soil conservation practices, Affecting its Continued I&is tence. to vandalism and would increase sand and gravel mining, and the building In the past, the shrimp was capable of enforcement problems. The U.S. Army of temporary summer dams have recovering from environmental Corps of Engineers (COE), the Federal destroyed shrimp habitat. Water extremes, such as drought and spring agency most involved with the shrimp, diversions from the steams resulting in floods, that resulted in localized is aware of known localities and all intermittent stream flow are flow are extirpations. Historic silvicultural other involved parties and land owners also detrimental to the species. Many practices may have reduced the range of will be notified of the location and streams currently or historically the species by altering the normal importance of this species’ habitat. harboring the shrimp maintained a hydrologic regime. Today, these natural Therefore, it would not be prudent to permanent flow. Various combinations events devastate populations of the determine critical habitat for the of the above activities have extirpated shrimp because the current loss of California freshwater shrimp at this the species from the Semple Creek, suitable habitat makes it difficult to time. Laguna de Santa Rose Creek, Santa effectively repopulate affected areas. Available Conservation Measures Rose Creek, Atascadero Creek, and the The Service has carefully assessed the . Thes extirpations probably best scientific and commercial Conservation measures provided to represent more than half of the historic information available regarding the past, species listed as endangerd or range of the shrimp. The concrete lining present, and future threats faced by the threatened under the Endangered of streams and rivers for flood control species in determining to propose this Species Act include recognition, recovery actions, requirements for caused the extinction of Syncaris rule. Based on this evaluation, the preferred action is to list the California Federal protection, and prohibitions pasadenae, a species historically known against certain practices. Recognition from southern California. This flood freshwater shrimp as endangered. The continued degradation and loss of through listing encourages and results in control technique has extirpated the conservation actions by Federal, State, California freshwater shrimp in Santa suitable habitat by the threats discussed under Factor A in the “Summary of and private agencies, groups, and Rosa Creek. The channelization and individuals. The Endangered Species lining is likely to continue and increase Factors Affecting the Species” could result shortly in a substantial loss of the Act provides for possible land as this area experiences rapid urban remaining populations, especially those acquisition and cooperation with the growth. colonies in East . Because States and requires that recovery actions be carried out for all listed B. Overutilization for Commercial, of conflicts with long standing economic interest and recreational practices in species. Such actions are initiated by the Recreational, Scientific, or Educational Service following listing. The protection Purposes. those streams harboring the California freshwater shrimp, the shrimp may required of Federal agencies and the Not applicable. shortly become extinct, as was the case prohibitions against taking and harm are with its, Syncarispasadenae. Provided discussed, in part, below. C. Disease or Predation. with protection from habitat Section 7(a) of the Act, as amended, degradation and loss, local isolated requires Federal agencies to evaluate Predation by fish significanly colonies may repopulate many portions their actions with respect to any species threatens the California freshwater of its historic range. Critical habitate is that is proposed or listed as endangered shrimp, especially in altered habitats not being designated for the species at or threatened and with respect to its where cover from tree roots and this time for the reasons discussed critical habitat, if any is being underwater vegetation has been reduced below. designated. Regulations implementing or is absent. Introduced bluegill Critical Habitat this interagency cooperation provision (Lepamis) exist in portions of Huichica of the Act are codified at 50 CFR Part Creek. Predation significantly threatens Section 4(a)(3) of the Act, as amended, 402. Section 7(a)(4) requires Federal the California freshwater shrimp in East requires that to the maximum extent agencies to confer informally with the prudent and determinable, the Secretary Service on any action that is likely to Austin Creek where temporary summer designate any habitat of a species which dams confine steelhead (Solmo jeopardize the continued existence of a is considered to be critical habitat at the proposed species or result in destruction gairdneri] Sacramento squawfish time the species is determined to be or adverse modification of proposed (Ptychocheilus grandis), and Tule perch endangered or threatened. The Service critical habitat. If a species is listed (Hysterocarpus troskl] with the shrimp finds that designation of critical habitat subsequently, section 7(a)(2) requires in artifical pools (Bill Cox, CDFG, pers, is not prudent for the California Federal agencies to ensure that comm. 1985). The effect of these dams freshwater shrimp at this time. As activities they authorize, fund, or carry on shrimp and steelhead populations is discussed under “Summary of Factors out are not likely to jeopardize the now being studied. Affecting the Species.” this species and continued existence of such a species or 13256 Federal Register- / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Proposed Rules destroy or adversely modify its critical suffered if such relief were not References Cited habitat. If a Federal action may affect a available. California Department of Fish and Game. listed species or its critical habitat, the Public Comments Solicited 1980. Unpublished range maps for responsible Federal agency must enter . into formal consultation with the The Service intends that any final Eng. LL. 1981. Distribution, life history, and service. The only known Federal activity action resulting from this proposal will status of the California freshwater that may affect the California be as accurate and as effective as shrimp, Syncaris pacifica (Holmes). freshwater shrimp is the authorization of possible. Therefore, any comments or Inland Fisheries Endangered Species temporary summer dams on East Austin Special Publication 18-l. Sacramento, suggestions from the public, other Calif. Creek (by the COE). These gravel concerned governmental agencies, the Hedgpeth. J.W. 1975. California fresh and structures are built by local residents to scientific community, industry, or any brackish water shrimps, with special impound water for swimming. The COE other interested party concerning any reference to the present status of has issued an individual permit to a aspect of this proposal are hereby Syncaris pacifica [Holmes). Report private organization authorizing three of solicited. Comments particularly are submitted to the Office of Endangered these structures on East Austin Creek. sought concerning: Species, U.S. Fish and Wildlife Service. Holmes, S.J. 1895. Notes on west American This permit does not expire until 1990, (1) Biological, commercial trade, or provided that the permittee adheres to crustacea. Proc. Calif. Acad. Sci. 4:583- other relevant data concerning any 588. the general and special conditions of the threat (or lack thereof) to this species; Holmes. S.J. 1900. Synopsis of California permit such as consultation with the stalk-eyed crustacea. Occas. Pap. Calif. appropriate State and Federal agencies. (2) The location of any additional populations of this species and the Acad. sci. 77-282. Special permit conditions require the Serpa. L. 1985. Syncaris pacifica. permittee to reduce the number, size, reasons why any habitat should or Unpublished document developed for and height of these dams, including the should not be determined to be critical The Nature Conservancy. habitat as provided by section 4 of the amount of water impounded, and to Author reduce the number and size of beaches Act; b;y 1990. The COE may modify, suspend, (3) Additional information concerning The primary author of this proposed revoke, or cancel the permit at any time the range and distribution of this rule is Dr. Jeurel Singleton, Sacramento before 1990 if any of these conditions species: and Endangered Species Office, U.S. Fish are not met by the permittee. (4) Current or planned activities in the and Wildlife Service, 2800 Cottage Way, The Act and implementing regulations subject area and the? possible impacts Room E&1823. Sacramento, Calif. (!XS/ found at 50 CFR 17.21, set forth a series on this species. 9764886 or FI’S 4-866). of general prohibitions and exceptions Final promulgation of the regulation List of Subjects in 50 CFR Part 17 on this species will take into that apply to all endangered wildlife. Endangered and threatened wildlife, These prohibitions, in part, make it consideration the comments and any additional information received by the Fish, Marine mammals, Plants il!egal for any person subject to the [agriculture]. j::risdiction of the United States to take, Service, and such communciations may inlport or export, ship in interstate lead to adoption of a final regulation Proposed Regulation Promulgation commerce in the course of commercial that differs from this proposal. ectivity, or sell or offer for saIe in The Endangered Species Act provides PART 17-[AMENDED] interstate or foreign commerce any for a public hearing on this proposal, if Accordingly, it is hereby proposed to Ii sted species. It also is illegal to requested. Requests must be filed within amend Part 17. Subchapter B of Chapter possess, sell, deliver, carry, transport, or 45 days of the date of the proposal. Such I, Title 50 of the Code of Federal ship any such wildlife that has been requests must be made in writing and Regulations, as set forth below: taken illegally. Certain exceptions apply addressed to the Regional Director [see 1. The authority citation for Part 17 to agents of the service and State ADDRESSES section]. continues to read as follows: conservation agencies. National Environmental Policy Act Authoritv: Pub. L. 93-205.87 Stat. 884: Pub. Permits may be issued to carry out L. 94-359, 90 Stat. 911; Pub. L. 95-832.92 Stat. otherwise prohibited activities involving The Fish and Wildlife Service has 3751: Pub. L. 98-159.93 Stat. 1225; Pub. L. 97- endangered wildlife species under determined that an Environmental 304,98 Stat. 1411(18 USC. 1531 el seq.). certain circumstances. Regulations Assessment, as defined under the 2. It is proposed to amend 0 17.11(h) governing permits are at 50 CFR 17.22 authority of the National Environmental by adding the following, in alphabetical and 17.23. Such permits are available for Policy Act of 1969, need not be prepared order under “,” to the scientific purposes, to enhance the in connection with regulations adopted List of Endangered and Threatened propagation or survival of the species, pursuant to section 4(a) of the Wildlife: and/or for incidental take in connection Endangered Species Act of 1973, as with otherwise lawful activities. In some amended. A notice outlining the 5 17.11 Endangered and threatened instances, permits may be issued during Service’s reasons for this determination wildlife. a specified period of time to relieve was published in the Federal Register on l * . l l undue economic hardship that would be October 25,1983 (48 FR 49244). (h) ’ l l Federal Register / Vol. 52, No. 77 / Wednesday, April 22, 1987 / Proposed Rules 13257

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Dated: March 24,X387. Susan Reaa, Acting Assistant Secretary for Fish and Wildlife and Parks. IFR Dot. 87-9034 Filed 4-n-8: 8~15 am] BkllNo CODE 4310-35-M